What can I legally do to stop paying additional sick days?

UPDATED: Oct 1, 2022

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What can I legally do to stop paying additional sick days?

I am the owner of a small business in Los Angeles, California. I am allowed to
give 6 paid sick days per year. One of my employees in management level has
already taken 10 sick days within 6 months and still expects to be paid for any
additional sick days. It’s listed in the employee handbook that employees only
get 6 days. Since my company is smal,l everyone knows how many sick days are
being taken and if that employee is being paid for those days. Some of the
employees have complained that it’s not right for the management employee to
get paid for additional sick days. The employee in management is very good and
has helped the company to grow, and knows that they are a huge asset to the
company. So i have just been folding to their demands. Legally is there
something I can say or do to let the employee know that I do not have to pay
additional sick days even if they are management level? Can other employees
file a complaint against me if I continue to pay the employee even if they take
extra sick days?

Asked on July 19, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

How many sick days does this employee earn or accrue per year? That's all you have to allow him: you don't have to give him even one day beyond the amount that you, as employer, let him accrue. The fact that you may have voluntarily let him have more does not legally obligate you to continue allowing him to have excess sick days. If he's exceeded more than he earns for the year, just tell him he will not be paid for any more--it's that straightforward.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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